KISHORE KUMAR SAHOO Vs. BAIJANTIMALA SAHOO

JUDGEMENT

(1.) This appeal has been filed by the appellant-husband against the judgment and order dated 28.9.2007 passed by the learned Judge, Family Court, Cuttack in Civil Proceeding No. 852 of 2006 in dismissing the divorce petition filed by him.

(2.) The appellant filed a Divorce Proceeding against respondent-wife on the ground of desertion and cruelty. It is the case of the appellant that some days after the marriage, the respondent started quarrelling with him and persuaded him to live separately from the joint family. To satisfy the respondent and to keep the family peace, the appellant shifted to the quarters in Sector-1 at Rourkela and stayed there with the respondent. The respondent insisted the appellant to bear the expenses of her parental house, the study expenses of her brother and also the treatment expenses of her mother. Though the appellant satisfied the demand of the respondent to some extent but when all the demands could not be fulfilled, the respondent picked up quarrel with the appellant. She was not performing the household works and staying at her parental house for most of the time and keeping away herself from the society of the appellant. The appellant tolerated the disturbance created by the respondent. Both of them were blessed with a female child in April, 1991 but the respondent did not change her attitude and she was keeping the child away from the appellant and was very cruel towards the friends and relatives of the appellant. The respondent also refused to keep sexual relationship with the appellant. It is further case of the appellant that on 6.3.1994, the respondent went away to her parental house taking some valuable gold ornaments, articles and cash along with the infant daughter during the absence of the appellant. The appellant attempted a lot to bring back the respondent to his company but failed.

(3.) The respondent filed her written statement denying the averments made by the appellant in the divorce petition and contended that they shifted to Sector - 1 house at Rourkela as there was only one bed room in the house of the appellant at Uditnagar and there were five members in the family for which it was not convenient for all of them to stay together. She further stated that there was good relationship between her and the appellant and the girl child was born on 10th April, 1991. It is the further case of the respondent that she discovered some love letters addressed to the appellant in her house and also found that the appellant had extra marital relationship with one Sunita Satpathy, who was a girl of immediate neighborhood of the quarters of the appellant. When the respondent confronted to the appellant about such illicit relationship, she was subjected to ill treatment and cruelty. The appellant and his paramour got a child out of their illicit relationship and ultimately the appellant withdrew himself from the society of the respondent. It is the further case of the respondent that she was assaulted by the appellant and driven out of his house for which she and her daughter came back to the in-laws house at Uditnagar and took shelter there. The elders and relations of the families of the appellant made an attempt to patch up the dispute and differences between the parties, but the appellant did not obey them and expressed his intention for second marriage. It is the further case of the respondent that while she was staying at her in-laws house at Uditnagar, she received a notice in the divorce case vide OS. No. 2 of 1995, which was dismissed by the learned Judge, Family Court, Rourkela. She further stated that she filed a case for restitution of conjugal rights vide O.S. No. 100 of 1995 and the judgment was delivered on 7.12.1996, but the appellant didn't obey the said order. It is the case of the respondent that the appellant was living with her beloved Sunita Satpathy since 2000 under one roof and they have also got one male child.